Spa Illustration Falls Apartment On The Facts

No monopoly for Spa Monopole

Also posted today is the Court of First Instance determination inwards Case T-67/04 Spa Monopole v OHIM, Spa-Finders Travel Arrangements Ltd. Spa-Finders applied to register the words SPA-FINDERS equally a Community merchandise grade for printed publications (Class 16) too move means services (Class 39). Spa Monopole opposed nether Art.8(5) of Regulation 40/94, citing its before German linguistic communication too Benelux marks SPA too LES THERMES DE SPA for diverse proficient too services too maintaining that the applicant's grade would own got unfair payoff of the repute of its before marks or would hold upwards detrimental to their distinctive character. The Opposition Division rejected the opposition; the Board of Appeal dismissed Spa Monopole's appeal and, today, too therefore besides did the Court of First Instance. Spa Monopole's illustration was lost principally because of the weakness of its evidence. For the near part, it was unable to attempt that its before marks had whatever reputation; nor could it attempt "free riding" or run that was detrimental to its distinctive character.

thinks the CFI got it correct this time. This was actually a weak case. If unfair payoff or detriment are argued, you lot own got to hold upwards able to larn the judicature to sympathize amongst you. If you lot can't persuade them to portion your feel of outrage, you lot know you've lost.